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Gilmer County Circuit Court Report - 11.13.12

The Gilmer Free Press

Chief Judge Jack Alsop opened his November 2012 term of Court on Thursday, November 08, 2012 by instructing the Grand Jurors.

At 9:50 AM the grand jury retired to their jury room to deliberate upon their indictments.

At 12:10 PM they broke for lunch and after returning to the jury room at 12:47 PM, they returned 14 indictments at 2:25 PM as follows:


•  State of West Virginia vs. Catherine McGhee

She is indicted for 2 counts, Conspiracy to commit an offense against the state and Delivery of a controlled substance within 1000 feet of a school.

She was represented by Daniel Grindo of Gassaway.


•  State of West Virginia vs. Randall Eric Lambey

He was indicted for 1 count of Failure to meet an obligation to provide support to a minor.

A summons was issued to be served upon Lambey by the Clay County Sheriff.


•  State of West Virginia vs. Jarod C. Scott

He was indicted for 2 counts of burglary and petit larceny.

He is represented by Daniel Armstrong of Gassaway.


•  State of West Virginia vs. John Robert Carder

He was indicted for 5 counts as follows:

1) Attempt to commit sexual assault in the 3rd degree,

2) Sexual assault in the 3rd degree,

3 & 4) Sexual assault in the 2nd degree, and

5) Sexual abuse in the 1st degree.


•  State of West Virginia vs. Gerald A. Adkins II

He was indicted for 11 counts as follows: 5 counts of Forgery, 5 counts of uttering and 1 count of grand larceny.

He is also represented by Daniel Armstrong.


•  State of West Virginia vs. Larry Dale Bush

He was indicted for 6 counts as follows: Malicious assault, 3 counts of Wanton endangerment involving a firearm, conspiracy to commit an offense against the state and aggravated DUI.

He is represented by Ira Haught of Harrisville.

A summons was issued to Ritchie County for service on Larry Bush.


•  State of West Virginia vs. Donald Lee Norman

He was indicted for 8 counts as follows: Sexual abuse by a parent, guardian, custodian or person in a position of trust to a child (4 counts) and 4 counts of third degree sexual abuse.

Norman is represented by Loren Howley of Grantsville.


•  State of West Virginia vs. Elsie Tingler

She was indicted for 2 counts of conspiracy and Manufacture, delivery or possession of a controlled substance with intent to manufacture or deliver a schedule I controlled substance.

She is represented by David Karickhoff of Sutton.


•  State of West Virginia vs. Jeremy Knicely

He was indicted for 1 count of Third offense DUI.

A summons was issued to the Sheriff of Braxton County for him to-appear-for arraignment.


•  State of West Virginia vs. Carrie Sumpter

She was indicted for 24 counts of acquiring a controlled substance by subterfuge.

She is represented by David Karickhoff.


•  State of West Virginia vs. Stacey Lea Bright

She was indicted for 3 counts of Financial Exploitation of an elderly person and 3 counts of embezzlement.

She is represented by Daniel Grindo.


•  State of West Virginia vs. Robert Lee Hacker

He was indicted for 63 counts as follows: 4 counts of 2nd degree sexual assault, 7 counts of 1st degree sexual abuse, 50 counts of Sexual abuse by a parent, guardian, custodian or person in position of trust, 1 count of providing alcohol to a minor and 1 count of harassing phone calls.

He is represented by Daniel Armstrong of Gassaway.


•  State of West Virginia vs. Joshua Whitley

He was indicted for 3 counts of delivery of a controlled substance within 1000 feet of a school and 1 count of conspiracy to commit an offense against the state.

A summons was issued to him at an Ohio Address.


ARRAIGNMENTS WERE TUESDAY, NOVEMBER 13, 2012 AT 1:00 PM


Two civil cases were heard on November 08, 2012:

•  BB&T Financial FSB vs. Debbie Yeager

The case was completed and the case of Stonewall Jackson Memorial Hospital was continued so the plaintiff could get service on defendant, Larry Keith Greenlief.


On November 09, 2012, six fugitives from justice were heard and all 6 waived extradition back to their respective states, all being represented by local attorney, Shelly DeMarino.

•  Charles Mobley waived to return to Maryland.

•  Jose Santiago-Dominquez waived to return to Texas.

•  Dominique Jordan waived to return to Indiana.

•  Dana Moore waived to return to Pennsylvania.

•  Charlie Vargas waived to return to Ohio.

•  Randolph Horton waived to return to Maryland.

Authorities in those states have until 4:00 PM Wednesday, November 21, 2012 to pick these fugitives up or Central Regional Jail will release them.


Sheriff elect Larry Gerwig called 3 times the names of the following 22 persons:

•  Brandon M. Leady
•  William Davis McHenry
•  Erin Jason DeWall
•  Matthew Snyder
•  Jaimey Gaines
•  Daniel Riffle
•  Jack E. Crawford
•  Thomas Rusley
•  Bernard Johnson
•  Robert Baskin
•  Christina Gayle Coombs
•  Sandra Frick
•  Edward Charles Thompson Jr.
•  Darrell J. Ford
•  Travis M. Buford
•  Justice Graham
•  Angela Sane
•  Kevin Neil Garrett
•  Justin Derek Antoine
•  Justin Miller
•  Gary Terreal Shivers
•  Joseph Michael Stankiewitch

Who failed to appear and the Clerk was directed to reissue warrants/capias’ for those individuals.


•  A magistrate appeal of State of West Virginia vs. Elvis Sprouse was heard and upheld by the Judge, after testimony was heard in the matter.


•  State of West Virginia vs. Shane Posey

He was before the Court and his trial is now set for Tuesday, January 29, 2013 at 9:00 AM.

A pre-trial will be heard Friday, January 18, 2012 at 9:00 AM.

Posey is represented by Daniel Grindo.


•  State of West Virginia vs. Charles Emerson

This was the 1st trial on Wednesday, November 14, 2012.

He is represented by Kevin Duffy of Clay.


•  State of West Virginia vs. Tonya Ramsey

She entered a plea to obtaining a controlled substance by misrepresentation.

She was represented by Christina Flanigan of Buckhannon.

She will be sentenced Monday, January 14, 2013 at 11:00 AM.


•  State of West Virginia vs. Jimmie Glen Stewart

He will have an evidentiary hearing on Thursday, November 15, 2012 at 1:00 PM.

His trial is Tuesday, November 27, 2012 at 9:00 AM.

He is represented by Steve Nanners of Buckhannon.


•  State of West Virginia vs. Garry Dobbins

He was before the Court for revocation of his probation.

Dobbins admitted the allegations in the petition and Judge Alsop revoked his probation and ordered he be sent to Anthony Center for Youthful Offenders.

Dobbins was represented by Christina Flanigan of Buckhannon.


•  Three juvenile hearings were heard and 2 were reset for Monday, January 14, 2013 at 10:00 AM and 10:15 AM respectively.


•  On Tuesday, November 13, 2012 at 9:00 AM Judge Alsop held 5 juvenile cases with hearings being reset for Monday, February 11, 2013 at 9:15 AM, 9:25 AM, 9:35 AM; and two reset for Monday, December 10, 2012 at 9:15 AM and 9:30 AM.


•  State of West Virginia vs. Henry Jenkins

He was before the court for reconsideration of sentence heretofore handed down.

Judge Alsop he received a very favorable plea agreement and denied the motion to reconsider.

Jenkins was represented by Christina Flanigan.

On Tuesday, November 13, 2012 at 1:00 PM arraignments were held on those persons indicted November 08, 2012.


•  State of West Virginia vs. Catherine McGhee

She pled not guilty and her pretrial will be Friday, January 18, 2013 at 10:00 AM and trial for Wednesday, January 30, 2013 at 9:00 AM.


•  State of West Virginia vs. Randall Eric Lambey

He failed to appear and a bench warrant was issued with bond being set at $15,000.00.


•  State of West Virginia vs. Jarod Scott

He failed to appear but his arraignment was reset for Wednesday, November 14, 2012 at 11:45 AM and also Gerald Alan Adkins II will be arraigned at that time.


•  State of West Virginia vs. John Carder

He appeared without an attorney and asked for a court appointed attorney.

He posted a $25,000.00 personal recognizance bond until 4:00 PM Friday, November 16, 2012 when he must post a $25,000.00 surety bond.


•  State of West Virginia vs. Larry Bush

He appeared and his pretrial is set for 11:00 AM Friday, January 18, 2013 with his trial on Tuesday, February 05, 2013.


•  State of West Virginia vs. Donald Norman had his trial continued to the next term of Court.

He appeared with Shelly DeMarino due to the illness of his attorney, Loren Howley.


•  State of West Virginia vs. Elsie Marie Tingler

She appeared and her pretrial is set for 11:30 AM Friday, January 18, 2013 with her trial to be on Tuesday, February 12, 2013.


•  State of West Virginia vs. Jeremy Knicely

He failed to appear and a bench warrant was issued for his arrest with bond being set at $25,000.00.
Later the Circuit Clerk contacted his attorney, because she had neglected to notify him of the time of arraignment and asked if he could also appear on Wednesday, November 14, 2012 at 10:45 AM for arraignment.

He is represented by Clinton Bischoff of Summersville.


•  State of West Virginia vs. Carrie Beth Sumpter

She had her trial continued to the next term of Court, as did Stacey Bright.


•  State of West Virginia vs. Robert Hacker

He appeared and his pretrial is set for 9:00 AM Friday, February 08, 2013 and his trial Wednesday, February 20, 2013.


•  State of West Virginia vs. Joshua Whitley

He did not appear and had a bench warrant issued with bond being set at $25,000.00.


•  State of West Virginia vs. Rodney Glen Singleton

He asked to hire his own attorney and his arraignment was continued to Monday, December 10, 2012 at 10:30 AM.

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